Main Content
Overview
As you saw in the previous section, the consideration requirement has a long historical pedigree, and it persists in the current law. But as you also should have come to see, a strict application of the requirement presents some challenges. Over time, courts (and legislatures) developed exceptions, finding some promises to be enforceable even in the absence of consideration. This section includes some of those doctrines, demonstrating how the law evolves over time.
As in the previous section, for each of these cases (1) identify the promise at issue; (2) articulate whether the promise is supported by consideration; and (3) think about whether the promise should be enforceable even if the consideration requirement is not satisfied. Where the courts have developed an exception, think about whether you agree or disagree. How do you think about which kinds of promises should be enforceable in court and which should not?
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